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Section 3 of the 14th Amendment— the Disqualification Clause — expressly bars any person from holding “any office, civil or military, under the United States” if he “engaged in insurrection” against the Constitution after previously swearing to uphold it “as an officer of the United States.” These terms definitely apply to Trump, and some Democrats are exploring the use of Section 3 against him.
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lawsuit filed in Januaryin North Carolina provides a model for future proceedings against Trump. A group of registered voters have invoked the 14th Amendment to disqualify Rep. Madison Cawthorn from running again for a seat in the House in 2022, based on his support for the January 2021 riot at the U.S. Capitol. They are relying on a provision of state law that authorizes them to raise a “
reasonable suspicion” that a would-be candidate is legally unqualified for the office he is seeking. If the voters can convince the state’s election authorities that their “suspicions” are reasonable, the burden of proof will shift to Cawthorn — who must establish, “by a preponderance of the evidence,” that he is eligible. The congressman will have a full and fair opportunity to demonstrate, before an impartial fact-finder, that the charges against him don’t have the necessary support.
Trump’s case is no different — except that he will be facing similar challenges in all 50 states.
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January 2025 could make January 2021 seem tame by comparison.
www.politico.com
